Yellowknife (Jun 09/06) - Just three issues appear to be in the way of an agreement to end a nine-week strike by union workers at BHP Billiton's Ekati diamond mine.

Text of a letter sent to a striking Ekati mine employee Dear _______; BHP strives to be recognized as the best place to work. Employees are an important part of BHP's culture and future. The safety and security of our employees, both at and away from the mine site, is a paramount concern. A key component of BHP's Charter is the concept of respect for each other. An embodiment of this concept is BHP's zero tolerance for harassment or intimidation. BHP has been provided with allegations about you and your conduct during this labour dispute. These allegations centre around your interactions with other BHP employees and are serious. In particular, it is alleged that you have intimidated a fellow BHP employees. This letter will serve as notice that BHP will conduct a full investigation when the labour dispute is resolved into these and any other allegations received. We want to emphasize that we have made no determination as to your culpability but, based on the information at our disposal, we have no other choice but to undertake and investigation. If BHP concludes that you have acted inappropriately during the labour dispute, you will be issued discipline that could include the termination of your employment. Yours truly, Roy Lenardon Vice President of Human Resources and External Affairs Ekati Diamond Mine

While neither BHP nor the Canadian Industrial Relations Board can confirm it, the Public Service Alliance of Canada says it has filed another complaint with the board, alleging that BHP's recent bargaining tactics have been "unlawful."

At issue are three items in BHP's so-called "final offer" that was presented to the union in take-it-or-leave-it fashion May 30 in Edmonton, according to PSAC regional vice-president Jean-Francois Des Lauriers.

He says the company withdrew a clause from the "Union Security" portion of the deal that required all employees of Ekati be card-carrying members of the union.

Referred to as a "closed shop" clause, Des Lauriers says the company accepted and signed off on this section of a new contract in August 2005. As well, Des Lauriers maintains BHP added an additional clause in the "Union Dues Checkoff" portion of the contract offer - also signed off in 2005 - that protects unionized Ekati employees who crossed the picket line from recourse by the Union of Northern Workers, action that is in contravention of PSAC's constitution.

Furthermore, Des Lauriers says BHP's demands that the union take the contract to its members for ratification by secret mail-in ballot is also unlawful.

"We don't tell them how to mine their diamonds. Why do they think they can tell us how to run our business?" said Des Lauriers, adding that from PSAC's perspective, going back on any clause already "signed off on" is illegal and he's hopeful the CIRB will see it that way too.

BHP spokesperson Deanna Twissell said the company wants workers to be able to choose whether or not to be union members. Based on the Rand Formula, part of a landmark 1946 Supreme Court ruling, workers can choose to not participate in a trade union, although they still have to pay dues.

Twissell said she was unaware of any earlier discussions or any parts of the contract that were agreed upon, previous to the May 30 "final offer."

"They rejected this offer and I don't have the original information to confirm (the sign-offs) but what I can say is that there has never been a contract accepted by PSAC," she said.

Union of Northern Workers president Todd Parsons says the union has done everything it can to reach a deal with the company, even agreeing to drop its grievances against members who have crossed the picket line to return to work.

"When we were at the table (May 30), in an effort to resolve issues we'd asked for mutual amnesty which they didn't agree to," Parsons said of BHP's "Back to work protocol" that would not give amnesty to workers it deemed had engaged in unlawful conduct, or conduct that violated its employer policies.

And BHP has backed up its position with a letter sent to six of its striking employees, informing them an investigation into alleged intimidation of Ekati workers who chose to cross the picket lines. If the allegations are found to be true, these six employees could lose their jobs.

Like Des Lauriers, Parsons said the union cannot accept BHP's demands that a vote on ratification take place and that it be done in mail-in secret ballot fashion.

"What the employer did was continue to find ways to interfere with the union and if we allowed them to do that we would set a dangerous precedent," said Parsons.

From the company's perspective, the only way to ensure everyone has a fair chance to read the contract and have their say is through a mail-in ballot, said Twissell.

"We want the contract to go to a vote and we want people to read the contract for themselves and choose," she said. "Our employees are scattered all across Canada, so we think the best way to allow our employees the best opportunity is to have a mail-in ballot."